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'A' is suspected of commission of an offence of murder, trial whereof can only be conducted before a…

Under section 343 BNSS (formerly section 306 CrPC), the Chief Judicial Magistrate may tender a pardon at any stage of the investigation or inquiry into, or the trial of, the…

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'A' is suspected of commission of an offence of murder, trial whereof can only be conducted before a court of Sessions. 'A' appears before the Chief Judicial Magistrate and moves an application for recording his statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and grant of pardon. Who has the power to grant pardon?

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Correct answer B

Under section 343 BNSS (formerly section 306 CrPC), the Chief Judicial Magistrate may tender a pardon at any stage of the investigation or inquiry into, or the trial of, the specified serious offences, including a Sessions-triable murder; a Magistrate of the first class may do so only while inquiring into or trying the offence. The Court of Session acquires its power under section 344 BNSS only after commitment. Exclusive Sessions trial jurisdiction does not deprive the Chief Judicial Magistrate of the earlier pardon power. The BNSS no longer provides for Metropolitan Magistrates, so the former reference to them is omitted.

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